Leading charity requesting an ineligible criminal record check for an administrative role

Following an enquiry to our helpline, we became aware that a leading charity were requesting an enhanced DBS check for an office administrator’s role. From the information provided, we were of the opinion that the role would be covered by the Rehabilitation of Offenders Act and would only require a basic DBS check. Therefore, by […]

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The role of the Information Commissioners Office with misleading questions on employment application forms

We were contacted recently by an individual who was concerned about a question being asked about criminal records on a builder’s merchant’s application form, which stated: “As part of our standard procedure we require a police check for every employee. Are you prepared to undergo a police check? ☐ Yes ☐ No  Have you ever […]

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Global manufacturer asking misleading questions on their employment application form

We were contacted recently by an individual who had some concerns about the questions that a global manufacturing company were asking about criminal records on their employment application form. The form stated: “Have you ever been convicted of a criminal offence? (Including motor offences but excluding parking fines) Have you ever received a formal police […]

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Changes to the recruitment process of a cleaning company whose application form was unclear about spent convictions

We were recently pointed towards a large cleaning company that had a question on its application form for a job cleaning commercial offices which stated: “Criminal Record  o Yes      o No” The question didn’t make it clear that an applicant doesn’t need to disclose any spent convictions when applying for a role covered by the […]

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A recruitment agency with a blanket ban on placing people with unspent convictions

We’ve recently been contacted by an individual who wanted some advice following dismissal from his job because he didn’t disclose his unspent criminal record. The individual explained that on release from prison, over 15 years ago, he’d been told by his probation officer that his conviction would become ‘spent’ (under the Rehabilitation of Offenders Act […]

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Lecturer post in a university not eligible for an enhanced DBS check

We’ve recently worked on a case where a university had stated in a job description for a Lecturer in Criminology that: “The successful applicant will have to undergo a DBS check before an appointment can be made.” Although the job description didn’t specify what level of check, the university confirmed that they would be carrying […]

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Recruiting apprentices in the motoring industry? Make sure you ask the right questions

We’ve recently been advising a large motor manufacturer who was asking a misleading question on their online apprenticeship application form. It stated: “Have you any convictions, including both spent and unspent convictions under the Rehabilitation of Offenders Act (ROA) 1974? If yes, please provide details.” We believed that the apprenticeship role being offered would be […]

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Doing enhanced DBS checks? Make sure you get any questions about criminal records right

We were contacted by an individual who was concerned that a question on an employer’s application form in respect of a job requiring an enhanced Disclosure and Barring Service checks was misleading as it did not provide any guidance around ‘protected’ cautions and convictions. The question on the application form stated: “Criminal Convictions (see guidance […]

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Providing training courses to apprentices doesn’t make all employees eligible for DBS checks

We’ve recently been involved in a case where a training provider offering vocational and online courses to apprentices was requesting an enhanced Disclosure and Barring Service (DBS) check for an individual being employed as an account manager. The primary role of the account manager was to liaise with the training company’s current partners and to […]

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University doing ineligible checks for lecturing posts

We’ve recently worked on a case where a university had stated in a job description for a ‘Lecturer in Criminology’ role that: “The successful applicant will have to undergo a DBS check before an appointment can be made.” Unfortunately, it didn’t specify what level of check. When we asked, they said that they’d be carrying […]

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